An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
An employee claiming he was misled into accepting a settlement while suffering PTSD has unsuccessfully sought to back out of it, the FWC holding "buyer's remorse" is no reason to undo a properly made deal.
The FWC has cautioned against parties assuming they have a common understanding of notions like "usual terms" and "mutual release" in settlement agreements, after an accountant decided to proceed with her unfair dismissal case following apparently successful conciliation.
In the first significant pandemic-related dispute over mass lay-offs to come before the FWC, the Federal Court's transcription service provider has been criticised for making "hollow" consultation promises and reminded to treat workers "with dignity in this time of crisis".
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
In a ruling further clarifying the nature of binding agreements, the FWC has decided against hearing a car salesman's unfair dismissal application after finding that he shook hands on his employer's $8000 settlement offer and agreed to "move on".
The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.